Legal Opinion

Brand v. United States Car Co.

Supreme Court of Alabama

Decided November 15, 1900PublishedCited by 14 opinions

Apteau from the Clian-cery Court of Clierokee. Heard before the Hon. Richard B. Keixy. The bill in this case was filed on July 26, 1897, by the appellee, the United States Oar Company, against the appellants, E. M. Brand and R. A. Hammons.

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Apteau from the Clian-cery Court of Clierokee. Heard before the Hon. Richard B. Keixy. The bill in this case was filed on July 26, 1897, by the appellee, the United States Oar Company, against the appellants, E. M. Brand and R. A. Hammons. The hill was filed under the statute to compel determination of 'claims ito real estate, and to quiet the title to the same, which statute is now incorporated into the Code of 1896, forming sections 809-813. It was averred in the bill that the. complainant was “in peaceable possession, both actual and constructive, of the whole of section 36, township 11,…

1Opinion of the CourtTyson, J.

To constitute an actual -possession of land, it is only necessary to put it to such use or exercise such dominion over it as in its present state it is reasonably adapted to. — Goodson v. Brothers, 111 Ala. 589. The land in controversy is reasonably suitable only for the growing of timber. Since 1891, the complainant and its predecessor in interest, have had one George employed to guard the timber growing upon the lands from depredation, destruction or conversion. George testified, and his testimony is undisputed, that ever since his employment he has gone over the land and inspected the…

2Cases cited4 opinions

  1. Goodson v. BrothersSupreme Court of Alabama · 1895
  2. Reddick v. LongSupreme Court of Alabama · 1899
  3. Scott v. RyanSupreme Court of Alabama · 1896
  4. State v. RobertsSupreme Court of Alabama · 1899

3Cited by14 opinions

  1. George E. Wood Lumber Co. v. WilliamsSupreme Court of Alabama · 1908
  2. Dodge v. Irvington Land Co.Supreme Court of Alabama · 1908
  3. Randle v. DaughdrillSupreme Court of Alabama · 1904
  4. Jordan v. McClure Lumber Co.Supreme Court of Alabama · 1910
  5. Ladd v. PowellSupreme Court of Alabama · 1905

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